General Terms and Conditions
1.
The purchase agreement comes into effect with the dispatch of the sales confirmation by the seller to the buyer. Classifications and specifications only become binding after written confirmation by the seller.
2.
The seller delivers ex works or from stock. All shipping is always at the buyer’s risk, regardless of the shipping conditions.
3.
Packaging and presentation materials:
a) For packaging and presentation materials that are not provided on loan, there is no obligation to return them, whether they are invoiced immediately or after a certain period.
b) For packaging and presentation materials provided on loan, there is an obligation to return them. They will be invoiced if they are not returned in good condition within four months, with domestic customers bearing the cost of delivery back to the supplier.
4.
The delivery deadline is met if the goods are ready for collection before the deadline expires. It is extended if and as long as circumstances such as force majeure, strikes, operational or shipping obstacles of any kind at the seller or its suppliers or agents make delivery impossible. For items specially manufactured for a buyer, the seller reserves the right to deliver up to 10% more or less than the contract quantity. Under all circumstances, the seller is only in default due to a delay after receiving a reminder. Liability for the consequences of delays requires the buyer to prove intentional or grossly negligent conduct on the part of the seller.
5.
A warranty obligation exists only for goods of the first sorting class. The contracting parties acknowledge the provisions of BISFA (Bureau International pour la Standardisation des Fibres Artificielles). Minor customary or technically unavoidable deviations from agreed specifications regarding quality do not justify warranty claims.
6.
Yarns with different lot and/or recipe numbers must be processed separately by the buyer. The seller recommends processing shipments in chronological order of receipt, taking into account climatic influences. Stating the intended use when placing orders is essential.
7.
Under the warranty obligation, the buyer is only entitled to return the demonstrably defective quantity of goods. If the defective goods have already been further processed, the buyer is entitled to compensation, up to a maximum of the invoiced value of the affected delivery. For contract work, a claim for damages can be no more than the corresponding contract work invoice amount. Complaints require gross negligence on the part of the seller and are only permissible if they are made immediately, in the case of hidden defects immediately upon discovery, but no later than two months after receipt of the goods, in writing and accompanied by a sample of the disputed goods.
8.
The buyer waives in advance the right to offset the purchase price with any counterclaims.
9.
If the buyer does not call off, accept, or pay for a delivery on the agreed date, the seller is entitled to withdraw from all pending contracts or to suspend their fulfillment. The seller is also entitled to cancel all pending contracts that have not yet been fulfilled if unforeseen events occur, such as changes in legislation in the buyer’s or seller’s country, delays in currency transfer, abnormal market developments or increases in production costs, poor receipt of raw materials by the seller, etc., and if the buyer does not agree to an adjustment to the changed conditions; furthermore, if the buyer resells the goods without authorization.
10.
If the exchange rate between Swiss francs and the currency agreed in the sales confirmation changes between the time of contract conclusion and receipt of payment and the seller incurs a loss as a result, the buyer is obliged to compensate the seller for any loss exceeding 3%.
11.
If the buyer does not fulfill his payment obligations punctually, he is liable for the resulting consequences, such as exchange rate losses, etc. In addition, he owes the default interest listed on the front page on the invoice amount, calculated from the due date, as well as all collection costs.
12.
If customs duties, customs clearance, freight, handling, and/or insurance costs are included in the sale price of the goods, any increases that occur between the conclusion of the sale and delivery shall be borne by the buyer.
13.
If the seller delivers the goods CIF, FOB, DAP, DDP, etc., the interpretation of these abbreviations, unless otherwise agreed, shall be in accordance with the then-current INCOTERMS (International Commercial Terms).
14.
Unless expressly agreed otherwise, the buyer undertakes not to resell the delivered goods in an unprocessed state, either directly or indirectly.
15.
The place of performance for the buyer is Wattwil.
16.
Complaints and other disputes arising from this contract that cannot be settled directly shall be finally decided by arbitration under Swiss law, excluding the ordinary courts.
17.
The delivered goods remain the unrestricted property of the seller, both in their unprocessed and processed state, until the seller no longer has any claims arising from the entire business relationship. The goods may neither be pledged, lent, nor transferred. The seller must be notified of any third-party access immediately, along with the documentation required for intervention. In the case of unauthorized transfer, the buyer’s claims against third-party buyers are deemed assigned to the seller.
18.
The seller reserves the right to reduce the confirmed quantity in the event of insufficient raw material supply and/or to increase the confirmed sale price in the event of unforeseen raw material price increases.